RealClearWire's Patrick O'Malley and Joe Buccino claim that anyone who opposes Trump's plan to use the military to deal with the migrant problem "misreads both the letter and spirit of American law."
"A careful examination of a pair of longstanding statutes reveals military support for immigration enforcement is permissible," they say.
What are those two statutes, you are probably now asking? Both are from the 19th century: the Posse Comitatus Act of 1878 and the Insurrection Act of 1807. And O'Malley and Buccino contend that when these doctrines are "properly understood," they allow the president to "use active-duty forces to support the deportation of illegal immigrants."
(Related: Did you know that the corrupt EPA has an "insurance policy" against Trump in case he decides to stop funding their climate endeavors? – "We're throwing gold bars off the Titanic," an EPA employee admitted.)
How do you feel about a military presence on U.S. soil?
As concerning as it might be to folks who are wary of standing armies engaging in civilian affairs, deploying the military to America's streets for illegal immigration purposes is legally acceptable – and the military is already involved, believe it or not.
"Today, roughly 4,000 service members assist Customs and Border Protection along the southwest border," O'Malley and Buccino write. "They operate surveillance aircraft, transport Border Patrol personnel, and maintain vehicles. These activities fall within the established legal framework for military support of immigration operations."
"The incoming administration has the potential to significantly expand this support role. Military aircraft could transport detainees, military installations could provide temporary housing facilities, and military personnel could assist with administrative and logistical tasks. None of these activities would violate Posse Comitatus because they do not involve direct law enforcement actions."
What about the Third Amendment, which explicitly prohibits American soldiers from occupying private homes inside the country during times of peace? Combined with Posse Comitatus, these two rules create a separation of the military and the state on U.S. soil, right?
According to O'Malley and Buccino explain that Posse Comitatus was established as a way for local sheriffs to organize citizens, not troops, to assist in maintaining public order during wartimes.
"The law's architects recognized that using soldiers instead of citizens for domestic law enforcement would fundamentally alter the relationship between military power and civil society," they write. "They sought to ensure that federal troops were kept out of local law enforcement."
"Yet this legislative barrier against using military force for domestic law enforcement is not absolute. Congress regularly makes exceptions, allowing military support to civilian law enforcement for actions such as protecting federal property, conducting domestic counterterror operations, engaging in counterdrug efforts."
The courts have already ruled that the Posse Comitatus Act only prohibits direct military involvement in law enforcement actions, one example being for the detaining of citizens.
"Support activities, from transportation to surveillance, remain legal," reports explain. "This distinction between direct enforcement and support operations provides the legal basis for President-elect Trump's proposed use of military assets in his planned deportation program."
So, will it work? Time will tell. This is the first time that a president has been willing to take such drastic measures in response to the border crisis, which remains one of the top issues for American voters.
"The Constitution provides remedies when state and local authorities obstruct federal law enforcement. The incoming administration has legal authority to use military assets to support immigration enforcement. Those who claim otherwise misunderstand both the law and its historical context."
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